(영문) 서울서부지방법원 2016.05.03 2015가단13358



1. The Defendant: KRW 21,880,120 for the Plaintiff and KRW 20% per annum from April 10, 2015 to September 30, 2015.


1. Facts of recognition;

A. On February 9, 2009, the Defendant concluded a contract for commission of life insurance solicitors with the Plaintiff, which is an insurance company, and agreed to collect fees according to the “standards for payment of fees within the business regulations” set by the Plaintiff, but where the insurance contract is not maintained due to its invalidation, etc., the Defendant would recover allowances, etc. previously paid according

B. The Defendant was dismissed on November 26, 2012, and the contract was not maintained due to the invalidation, cancellation, termination, etc. of part of the insurance contract recruited during the period of service, and the remainder of the amount to be returned by the Defendant according to the above fee payment criteria is KRW 21,880,120.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including branch numbers, if any), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the amount to be recovered to the plaintiff KRW 21,880,120 and delay damages.

B. Accordingly, the defendant asserted that the defendant's claim for recovery against the defendant is unjustifiable since the defendant subscribed to the performance guarantee insurance for the obligation to return the recovery under the commissioning contract with the plaintiff. However, the creditor can seek the performance of the obligation against the principal debtor and the guarantor at the same time or either party. Thus, the above argument is rejected.

C. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,880,120 as well as damages for delay calculated at the rate of 20% per annum from April 10, 2015 to September 30, 2015, and 15% per annum from the following day to the day of full payment, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint, but the “Rules on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings” amended by the rate of damages for delay to 15% from September 25, 2015, is amended as of October 1, 2015.